Title
Pactor vs. Pestano
Case
G.R. No. L-12410
Decision Date
Apr 27, 1960
The Supreme Court upheld Miguel Pactor's status as an illegitimate child with hereditary rights, permitting an investigation into his paternity.
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Case Digest (G.R. No. L-12410)

Facts:

  • Leoncio Pactor passed away, leaving a widow, Clemencia R. Pactor, and an illegitimate child, Miguel G. Pactor.
  • Miguel filed a petition for letters of administration for his father's estate.
  • Attorney Alfredo Marigomen opposed the petition, representing the widow and the deceased's nieces and nephews, advocating for Pantaleon Pepito as the administrator.
  • The court appointed Lucrecia P. Pestano, a niece of the deceased, as the special administratrix.
  • Lucrecia filed a motion to exclude Miguel from the proceedings, claiming he was not acknowledged as an illegitimate child.
  • The court denied Lucrecia's motion, stating no regular administrator had been appointed.
  • Pantaleon Pepito was appointed as the regular administrator on March 3, 1956.
  • On December 26, 1956, a hearing was requested to exclude Miguel, despite the widow affirming his status as Leoncio's child.
  • The court ruled on December 29, 1956, to exclude Miguel, citing lack of evidence for his recognition.
  • Miguel filed a motion for reconsideration, which was denied, leading him to appeal to a higher court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled in favor of Miguel G. Pactor, setting aside the lower court's order that excluded him from the proceedings.
  • The case was remanded for further proceedings to in...(Unlock)

Ratio:

  • The Supreme Court emphasized that excluding Miguel from the proceedings was premature and incorrect, denying him the right to present evidence.
  • The trial court mistakenly believed that recognition of an illegitimate child could only occur through a will or court order.
  • The Court clarified that an illegitimate child's status could also be established through continuous possession of that status, supported by the de...continue reading

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